TexasCHLforum.com

coastie wrote:My free opinion, I would be grateful, be careful, document the gifting, and not worry about FFL.
BUT, that is only my opinion, and I have displayed--twenty some years ago--at out of state gun shows, and traveled freely without worry.
...
All that aquired stuff, you know. Sold 15, bought 18 more to bring home. Not going to gun shows then to make a profit, it seemed.

I am sorry, but you simply cannot come into these forums and make a post telling someone to break the law.

It is crystal clear that interstate firearms transfers between individuals who are non-federal firearms licensees must get transferred through an FFL. Failure to do so is a federal felony punishable by 10 years imprisonment and a $10,000 fine per firearm. The only exception are firearms bequested via inheritance after a death.

If you were traveling to out of state gun shows and purchasing or selling those firearms to individuals instead of FFL's, you were also committing multiple federal felonies. I am not even going to get into the question of whether selling 15 and buying 18 guns was to make a profit acting as an illegal firearms dealer or not, simply the fact you did it out of state alone was illegal.

So I would point out to the other individuals reading the thread to consider the above advice accordingly.

WildBill wrote:

Jumping Frog wrote:

seamusTX wrote:BATFE doesn't actually prosecute crimes, as far as I know.

True, they can arrest for charges, but it is the US DA that actually pursues the charges in court. Like any LEO.

Almost all of the F-troop's arrests are of otherwise law-abiding citizens who make paperwork or other technical errors.

F-Troop?

What I normally call them would get me modded in these forums ...

seamusTX wrote:BATFE doesn't actually prosecute crimes, as far as I know.

True, they can arrest for charges, but it is the US DA that actually pursues the charges in court. Like any LEO.

Almost all of the F-troop's arrests are of otherwise law-abiding citizens who make paperwork or other technical errors.

MikeStone wrote:Just talked to an FFL who contacted the BATFE to get a ruling on the situation. According to the FFL, per conversation with the BATFE, no transfer is required, it's a private transaction.

This is too difficult, I think I'll just have him sell the firearms and pay me cash. Now, would that require a transfer? (Just kidding...)

It is not out of character for F-troop to have one person verbally approve something as no problem and then someone else countermand that and prosecute.

Look, I've known for 30 years it is illegal and seamustx posted the link to the statute.

Even if you are justifiably confused by all the uproar, paying a $10 transfer fee is cheap compared to 10 years and $10,000.

To give them to me, we need to go to a Texas FFL to complete the transfer. As I read it, I do not need to go to MI and affect the transfer through an FFL there. However, if I did, we could also affect the transfer via a MI FFL. Then I could transport them back here as my firearms. (Legal, I I would then own them.) Sound right?

Correct as far as federal law and Texas law are concerned. I cannot speak to MI law.

Change the circumstances and state law can have an impact. For example, a Florida resident cannot come to Texas and purchase a long gun here from a Texas FFL. The transfer has to go through a Florida FFL per their state law.

Rex B wrote:

MikeStone wrote:My father-in-law is planning to give me his firearm collection.

The problem is the transfer once the guns arrive at your place. Legally they must be transferred to you by a licensed FFL once they cross state lines. In the case of an inheritance I think many people skip that part.

IANAL etc

He may not be a lawyer, but he is exactly on point.

He must transfer them to you through a Texas FFL once he arrives here. If he simply "gives" you the guns, you are looking at $10,000 fine and 10 years in prison for each firearm.